Bill Text: NY A06454 | 2011-2012 | General Assembly | Introduced
Bill Title: Reforms youthful offender laws so that a person who commits a violent offense within 5 years of a youthful offender adjudication is treated as a repeat felon; removes the confidentiality of such youthful offender adjudication records.
Spectrum: Strong Partisan Bill (Republican 11-1)
Status: (Introduced - Dead) 2012-03-27 - held for consideration in codes [A06454 Detail]
Download: New_York-2011-A06454-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 6454 2011-2012 Regular Sessions I N A S S E M B L Y March 17, 2011 ___________ Introduced by M. of A. JOHNS, GIGLIO -- Multi-Sponsored by -- M. of A. BURLING, CALHOUN, CROUCH, GOODELL, GRAF, KATZ, LOSQUADRO, MURRAY, N. RIVERA, TEDISCO -- read once and referred to the Committee on Codes AN ACT to amend the criminal procedure law, in relation to treatment of certain youthful offenders as repeat felons THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 1 of section 720.35 of the criminal procedure 2 law, as amended by chapter 452 of the laws of 1992, is amended to read 3 as follows: 4 1. A youthful offender adjudication is not a judgment of conviction 5 for a crime or any other offense, and does not operate as a disquali- 6 fication of any person so adjudged to hold public office or public 7 employment or to receive any license granted by public authority but 8 shall be deemed a conviction [only] (A) for the purposes of transfer of 9 supervision and custody pursuant to section two hundred fifty-nine-m of 10 the executive law OR (B) FOR THE PURPOSE OF DETERMINING WHETHER THE 11 PERSON IS SUBJECT TO SENTENCE PURSUANT TO SECTION 70.04, 70.06, 70.08 OR 12 70.10 OF THE PENAL LAW, WHENEVER THE PERSON HAS COMMITTED A VIOLENT 13 FELONY OFFENSE, AS DEFINED IN SUBDIVISION ONE OF SECTION 70.02 OF THE 14 PENAL LAW, WITHIN FIVE YEARS OF THE DATE ON WHICH HE OR SHE WAS ADJUDI- 15 CATED A YOUTHFUL OFFENDER FOR A FELONY OFFENSE, AND HAS BEEN CONVICTED 16 OF SUCH VIOLENT FELONY OFFENSE. 17 S 2. Section 720.35 of the criminal procedure law is amended by adding 18 a new subdivision 5 to read as follows: 19 5. NOTWITHSTANDING SUBDIVISION TWO OF THIS SECTION, WHENEVER A PERSON 20 STANDS CONVICTED OF A VIOLENT FELONY OFFENSE COMMITTED WITHIN FIVE YEARS 21 OF THE DATE ON WHICH HE OR SHE IS ADJUDICATED A YOUTHFUL OFFENDER FOR A 22 FELONY OFFENSE, ALL RECORDS PERTAINING TO THE YOUTHFUL OFFENDER ADJUDI- 23 CATION SHALL NO LONGER BE CONFIDENTIAL. 24 S 3. This act shall take effect on the first of November next succeed- 25 ing the date on which it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09256-01-1